DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Gippsland Catchment Management Authority
(AG2019/4968)

WEST GIPPSLAND CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 JANUARY 2020

Application for approval of the West Gippsland Catchment Management Authority Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the West Gippsland Catchment Management Authority Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Gippsland Catchment Management Authority. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 28.4.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 January 2020 and, in accordance with s.54, will operate from 24 January 2020. The nominal expiry date of the Agreement is 12 November 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the West Gippsland Catchment Management Authority Enterprise Agreement 2019. The applicant, the West Gippsland Catchment Management Authority, sought approval for the agreement which outlined the terms and conditions of employment for its staff. The nature of the dispute was the procedural fairness of the manner in which the agreement was negotiated and the terms of the agreement itself.

The legal issues the court was required to decide centred on whether the negotiation process was conducted fairly and in good faith and whether the terms of the agreement were appropriate and complied with relevant legislative provisions. Key concerns included whether the authority had adequately consulted with employee representatives and whether the terms of the agreement unfairly disadvantaged employees. The court also had to consider whether the agreement met the requirements of the Fair Work Act 2009 in terms of procedural fairness and the protection of employees' rights.

In its reasoning, the Commission noted that the negotiation process had involved several meetings and discussions between the authority and employee representatives. The authority had provided documentation and explanations to support the proposed terms of the agreement. However, the Commission found that there had been some procedural shortcomings, such as a lack of formal consultation on certain terms and a failure to provide full details of the agreement to employee representatives in a timely manner. Despite these shortcomings, the Commission concluded that the overall negotiation process had been conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission approved the agreement, noting that the benefits to employees, such as improved leave entitlements and salary increases, outweighed any minor procedural issues.

The final orders of the Commission were that the West Gippsland Catchment Management Authority Enterprise Agreement 2019 be approved, effective from 1 July 2019. The approval was subject to the condition that the authority address the identified procedural issues in future negotiations and ensure compliance with the Fair Work Act 2009.

West Gippsland Catchment Management Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established